NEW MARTINSVILLE – A Moundsville man alleges he was injured while working for a transportation company in a fall.

Franklin D. Kimble filed a complaint Oct. 19 in Wetzel Circuit Court against CSX Transportation Inc. alleging violation the Federal Employees' Liability Act.

According to the complaint, the plaintiff alleges that on Dec. 17, 2014, he was working for the defendant as a brakeman and sustained significant injuries to his hand, right shoulder and back when the ground beneath him gave way, causing him to fall.

The plaintiff holds CSX Transportation Inc. responsible because the defendant allegedly failed to provide a safe working condition by failing to properly inspect and maintain the plaintiff's work areas.

The plaintiff requests a trial by jury and seeks damages in excess of the minimum jurisdictional limits of the court, post-judgment interest and costs and such other appropriate relief. He is represented by Willard J. Moody Jr. and Michael R. Davis of The Moody Law Firm Inc. in Portsmouth, Virginia. The case has been assigned to Circuit Judge David W. Hummel Jr.

Wetzel Circuit Court case number 17-C-72




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